Legal Advice and Assistance (Scope) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/550 |
| Year | 1989 |
1989No. 550
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Advice and Assistance (Scope) Regulations 1989
23rdMarch1989
1stApril1989
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Interpretation.
3. Conveyancing.
4. Wills.
5. Transition.
6. Application of Part III of the Act to ABWOR.
7. Proceedings in magistrates' courts.
8. Proceedings in county courts.
9. Other proceedings.
Schedule:
Proceedings in magistrates' courts in which ABWOR is available.
The Lord Chancellor, in exercise of the powers conferred on him by sections 8 and 43 of the Legal Aid Act 1988 ( a) , hereby makes the following Regulations of which a draft has, in accordance with section 36(3)(b) of that Act, been laid before and approved by resolution of each House of Parliament:-
PART I
GENERAL
Citation and Commencement
1. These Regulations may be cited as the Legal Advice and Assistance (Scope) Regulations 1989 and shall come into force on 1st April 1989.
Interpretation
2. In these Regulations, unless the context otherwise requires:-
"ABWOR" means assistance by way of representation;
"the Act" means the Legal Aid Act 1988;
"board of visitors" means a board of visitors appointed by the Secretary of State under section 6(2) of the Prison Act 1952 ( b) ;
"client" means a person seeking or receiving advice or assistance or on whose behalf advice or assistance is sought;
"conditional sale agreement" has the meaning assigned to it in section 189 of the Consumer Credit Act 1974 ( c) ;
"conveyancing services" has the meaning assigned to it in section 11 of the Administration of Justice Act 1985 ( d) ;
"mental disorder" has the meaning assigned to it in section 1 of the Mental Health Act 1983 ( e) ;
"rental purchase agreement" has the meaning assigned to it in section 88 of the Housing Act 1980 ( f) ;
"will" has the meaning assigned to it in section 1 of the Wills Act 1837 ( g) ;
(a) 1988 c.34.
(b) 1952 c.52; section 6 was amended by the Courts Act 1971 (c.23), Schedule 7 Part II paragraph 4, Schedule 11 Part IV.
(c) 1974 c.39.
(d) 1985 c.61.
(e) 1983 c.20.
(f) 1980 c.51.
(g) 1837 c.26.
PART II
EXCLUSIONS FROM PART III OF THE ACT
Conveyancing Services
3.-(1) Subject to paragraphs (2) and (3), advice and assistance consisting of conveyancing services are excluded from Part III of the Act.
(2) Paragraph (1) does not exclude from Part III of the Act advice or assistance relating to a rental purchase agreement or a conditional sale agreement for the sale of land.
(3) Paragraph (1) does not exclude from Part III of the Act advice or assistance consisting of such conveyancing services as are necessary in order to give effect to an order of the court or, in proceedings under the Matrimonial Causes Act 1973 ( a) or the Matrimonial and Family Proceedings Act 1984 ( b) , the terms of an agreement.
Wills
4.-(1) Except as provided by paragraph (2), advice and assistance in the making of wills are excluded from Part III of the Act.
(2) Advice and assistance in the making of a will are not excluded by paragraph (1) from Part III of the Act where they are given to a client who is-
(a) aged 70 or over; or(b) blind (or partially sighted), deaf (or hard of hearing), or dumb, or who suffers from mental disorder of any description, or who is substantially and permanently handicapped by illness, injury or congenital deformity; or(c) a parent or guardian within the meaning of section 87 of the Child Care Act 1980 ( c) of a person to whom any description in (b) applies, where the client wishes to provide in the will for that person; or(d) the mother or father of a minor who is living with the client, where the client is not living with the minor's other parent, and the client wishes to appoint a guardian for that minor under section 4 of the Guardianship of Minors Act 1971 ( d) .Transition
5. Where advice or assistance has been given before these Regulations come into force, nothing in this Part shall affect further advice or assistance given in relation to the same matter.
PART III
ABWOR
Application of Part III of the Act to ABWOR
6. Part III of the Act does not apply to ABWOR except as provided in this Part.
Proceedings in Magistrates' Courts
7.-(1) Part III of the Act applies to ABWOR given-
(a) to a client for the purposes of the prodeedings in magistrates' courts specified in the Schedule;(b) at a hearing in any proceedings in a magistrates' court to a party...To continue reading
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